USA v. Jose Ricardo Valdez

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-10541
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE RICARDO VALDEZ,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:21-cr-00031-SCB-CPT-1
____________________
USCA11 Case: 22-10541 Date Filed: 11/08/2022 Page: 1 of 2

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2 Opinion of the Court 22-10541
Before R OSENBAUM , LUCK , and L AGOA , Circuit Judges.
PER CURIAM:
Victor Martinez, appointed counsel for Jose Valdez in this
direct criminal appeal, has moved to withdraw from further repre-
sentation of the appellant and filed a brief pursuant to
Anders v.
California, 386 U.S. 738 (1967). Our independent review of the en-
tire record reveals that counsel’s assessment of the relative merit of
the appeal is correct. Because independent examination of the en-
tire record reveals no arguable issues of merit, counsel’s motion to
withdraw is GRANTED, and Valdez’s conviction and sentence are
AFFIRMED. Valdez’s request for new counsel is DENIED AS
MOOT.
We note that Valdez’s response to counsel’s motion to with-
draw contains allegations that counsel provided ineffective assis-
tance. Because claims of ineffective assistance of counsel are best
presented in a 28 U.S.C. § 2255 motion rather than on direct appeal,
we decline to consider these claims at this time,
see Massaro v.
United States, 538 U.S. 500, 504–05, 508 (2003), though Valdez may
raise these allegations on collateral review in a motion under 28
U.S.C. § 2255.
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